(a) Authority Established. - The State Water
Infrastructure Authority is created within the Department of Environmental
Quality.

(b) Membership. - The Authority consists of nine
members as follows:

(1) The Director of the Division of Water
Infrastructure of the Department or the Director's designee who is familiar
with the water infrastructure financing, regulatory, and technical assistance
programs of the Department.

(2) The Secretary of Commerce or the Secretary's
designee who is familiar with the State programs that fund water or other
infrastructure improvements for the purpose of promoting economic development.

(3) The Director of the Local Government Commission or
the Director's designee who is familiar with the functions of the Commission.

(4) One member who is a professional engineer in the
private sector and is familiar with the development of infrastructure necessary
for wastewater systems, to be appointed by the Governor to a term that expires
on July 1 of even-numbered years.

(5) One member who is knowledgeable about, and has
experience related to, direct federal funding programs for wastewater and
public water systems, to be appointed by the Governor to a term that expires on
July 1 of odd-numbered years.

(6) One member who is knowledgeable about, and has
experience related to, urban local government wastewater systems or public
water systems, to be appointed by the General Assembly upon the recommendation
of the President Pro Tempore of the Senate to a term that expires on July 1 of
even-numbered years.

(7) One member who is knowledgeable about, and has
experience related to, rural local government wastewater systems or public
water systems, to be appointed by the General Assembly upon the recommendation
of the President Pro Tempore of the Senate to a term that expires on July 1 of
odd-numbered years.

(8) One member who either (i) is a county commissioner
of a rural county or (ii) resides in a rural county and is knowledgeable about,
and has experience related to, public health services, to be appointed by the
General Assembly upon the recommendation of the Speaker of the House of
Representatives to a term that expires on July 1 of even-numbered years.

(9) One member who is familiar with wastewater,
drinking water, and stormwater issues and related State funding sources, to be
appointed by the General Assembly upon the recommendation of the Speaker of the
House of Representatives to a term that expires on July 1 of odd-numbered
years.

(c) Terms. - The members appointed by the Governor,
the President Pro Tempore of the Senate, and the Speaker of the House of
Representatives shall serve two-year terms. The other members, who are ex
officio members or designees of those members, shall serve until they are no
longer in office or are replaced with another designee.

(d) Chair. - The Director of the Division of Water
Infrastructure, or the Director's designee, shall serve as Chair of the
Authority. The Chair must call the first meeting. The Chair shall serve as a
nonvoting member, provided, however, that the Chair shall vote to break a tie.

(e) Meetings. - The Authority shall meet at least four
times a year and may meet as often as needed. A majority of the members of the
Authority constitutes a quorum for the transaction of business. The affirmative
vote of a majority of the members present at a meeting of the Authority is
required for action to be taken by the Authority.

(f) Vacancies. - A vacancy in the Authority or as
Chair of the Authority resulting from the resignation of a member or otherwise
is filled in the same manner in which the original appointment was made. The
term of an appointment to fill a vacancy is for the balance of the unexpired
term.

(g) Compensation. - Each member of the Authority shall
receive no salary as a result of serving on the Authority but shall receive per
diem, subsistence, and travel expenses in accordance with the provisions of
G.S. 120-3.1, 138-5, and 138-6, as applicable. (2013-360,
s. 14.21(b); 2013-363, s. 5.12; 2015-241, s. 14.30(u).)

§ 159G-71. State Water Infrastructure Authority; powers and
duties.

The Authority has the following additional duties:

(1) After reviewing the recommendations for grants and
loans submitted to it by the Division, to determine the rank of applications
and to select the applications that are eligible to receive grants and loans,
consistent with federal law.

(2) To establish priorities for making loans and grants
under this Chapter, consistent with federal law.

(3) To review the criteria for making loans and grants
under G.S. 159G-23 and make recommendations, if any, to the Department for
additional criteria or changes to the criteria, consistent with federal law.

(4) To develop guidelines for making loans and grants
under this Chapter, consistent with federal law.

(5) To develop a master plan to meet the State's water
infrastructure needs.

(6) To assess and make recommendations on the role of
the State in the development and funding of wastewater, drinking water, and
stormwater infrastructure in the State.

(7) To analyze the adequacy of projected funding to
meet projected needs over the next five years.

(8) To make recommendations on ways to maximize the use
of current funding resources, whether federal, State, or local, and to ensure
that funds are used in a coordinated manner.

(9) To review the application of management practices
in wastewater, drinking water, and stormwater utilities and to determine the
best practices.

(10) To assess the role of public-private partnerships in
the future provision of utility service.

(11) To assess the application of the river basin
approach to utility planning and management.

(12) To assess the need for a "troubled system"
protocol. (2013-360, s. 14.21(b).)

§ 159G-72. State Water Infrastructure Authority; reports.

No later than November 1 of each year, the Authority shall
submit a report of its activity and findings, including any recommendations or
legislative proposals, to the Environmental Review Commission, the Joint
Legislative Oversight Committee on Agriculture and Natural and Economic
Resources, and the Fiscal Research Division with the report required by G.S. 159G-26(a)
as a single report. (2013-360, s. 14.21(b); 2017-10,
s. 4.17(b).)